Defective handset, poor service: Mobile company, retailer told to refund handset cost, pay compensation to consumer

Kaivalya Sanjay Gaikwad, a Mundhwa resident, had approached the forum complaining that the ‘Samsung 925 S6 32 GB Gold’ he had bought from Sona Mobiles, a store in Kalyani Nagar, turned out to be defective and the company failed to address the issue despite persistent complaints from him.

As per the complaint filed by Gaikwad, in August 2015, he purchased the handset which comes with a warranty of one year. Soon after the purchase, he noticed certain defects in the phone, including over-heating, battery failure, lagging and camera noise. He handed over the handset twice for repairs but the defects persisted. He then approached the company with a request to replace the handset but there was no response from the company.

With these complaints, Gaikwad sought a refund of the money he spent on the phone and additional Rs 50,000 as compensation for the suffering it caused him along with Rs 10,000 towards legal charges.

The forum admitted the complaint and notified all three respondents including Samsung India Electronics, Samsung Service Centres and Sona Mobiles. After hearing the arguments of the complainant as well as respondents, the forum comprising of V P Utpat, president of the forum and Kshitija Kulkarni, member, passed the order directing the company to pay a refund to the customer.

“During the period of full warranty, the mobile handset was handed over for repairs. However, the defects were not repaired and problems persisted. Thus, after considering the evidence on record, it is the considered opinion of the forum that there is inherent manufacturing defect in mobile handset, which is beyond repairs and thus, the opposite parties have caused deficiency in service,” observed the forum.

The forum then ordered Samsung to pay Rs 46,650 as refund to the buyer along with Rs 5,000 as compensation towards the mental and physical agony caused to him. They are liable to pay the said amount to the customer within a period of 45 days from the date of receipt of the order. If the company fails to do so, they will have to pay an interest of 9 per cent p.a on the entire amount, reads the order.